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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

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Madras High Court Allows Exclusion of Third Party Lands from Auction Sale in Company Liquidation — Official Liquidator Cannot Sell Properties Not Owned by Company. Applicants Established Title Through Patta and Chitta, Entitled to Exclusion Without Setting Aside Auction.

The case involves multiple company applications filed by S. Mahendran and K. Singili (applicants) against the Official Liquidator and the Administrato...

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Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

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Madras High Court Dismisses Second Appeal in Property Dispute Involving Sham Sale Deed and Adverse Possession. Court upholds concurrent findings that sale deed was nominal and plaintiffs had perfected title by adverse possession.

The case involves a property dispute over land in Kumarappanaickenpettai. The plaintiffs, sons and daughter of Nataraja Mudaliar, filed a suit for dec...